Texas Health and Safety Code 821.025 – Appeal
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(a) An owner divested of ownership of an animal under § 821.023 may appeal the order to a county court or county court at law in the county in which the justice or municipal court is located.
(b) As a condition of perfecting an appeal, not later than the 10th calendar day after the date the order is issued, the owner must file a notice of appeal and a cash bond or surety bond in an amount set by the court under § 821.023(e-2).
Terms Used In Texas Health and Safety Code 821.025
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Not later than the fifth calendar day after the date the notice of appeal and bond is filed, the court from which the appeal is taken shall deliver a copy of the clerk’s record to the clerk of the county court or county court at law to which the appeal is made.
(d) Not later than the 10th calendar day after the date the county court or county court at law, as appropriate, receives a copy of the clerk’s record, the court shall consider the matter de novo and dispose of the appeal. A party to the appeal is entitled to a jury trial on request.
(e) The decision of the county court or county court at law under this section is final and may not be further appealed.
(f) Notwithstanding § 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under Subsection (a) is not required to file a motion for a new trial to perfect an appeal.
(g) Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section.
(h) While an appeal under this section is pending, the animal may not be:
(1) sold or given away as provided by Sections 821.023 and 821.024; or
(2) destroyed, except under circumstances which would require the humane destruction of the animal to prevent undue pain to or suffering of the animal.